H-1B Advanced-Degree Quota Exemption Is Completed for FY 2020Posted April 12, 2019 H-1B
USCIS received 201,011 H-1B petitions during the H-1B cap filing period, which began April 1, enough cases to meet the FY 2020 H-1B quota for the advanced-degree quota exemption of 20,000 and the regular cap of 65,000. USCIS has completed the computerized selection process. After USCIS completed the random selection process for the regular cap, USCIS determined that they had received enough petitions to meet the 20,000 H-1B visa U.S. master’s cap.
Filing Receipts and Adjudication
Employers whose petitions were selected should get receipts within weeks, generally by the end of May. Employers who filed their petitions with premium processing have begun to receive email receipts for those petitions. USCIS will set the premium processing 15-day adjudication clock to start on May 20th. However, employers may receive decisions before that date. It will likely take USCIS several weeks to compete initial data entry and issue filing receipts for petitions filed by regular processing and they are expected to begin working on regular processed cases by mid-June. The cases that were not selected in the lottery will be returned to petitioners with their filing fees in the upcoming months.
Cap Exempt Petitions
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2020 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position
Please contact your designated Meltzer Hellrung attorney for any questions regarding H-1B cap cases.